Pearse Doherty (Donegal, Sinn Fein)
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739. To ask the Tánaiste and Minister for Justice and Equality his views on whether the free legal advice offered under the abhaile scheme amounts to general legal advice on debt and insolvency and does not constitute specific advice to a person; and if he will make a statement on the matter. [27063/17]

Pearse Doherty (Donegal, Sinn Fein)
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740. To ask the Tánaiste and Minister for Justice and Equality the number of solicitors available to persons wishing to avail of legal advice as per the abhaile scheme, by county, in tabular form; and if he will make a statement on the matter. [27064/17]

Charles Flanagan (Laois, Fine Gael)
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I propose to take Questions Nos. 739 and 740 together.

The Government is committed to providing assistance to persons who may be in danger of losing their home. Last October Abhaile, the Government’s free mortgage arrears support service, was launched. An important component of Abhaile is that free financial and legal advice and assistance is available to insolvent borrowers who are in danger of losing their family home due to mortgage arrears. Abhaile is co-ordinated by my Department and the Department of Social Protection and is implemented by the Money Advice and Budgeting Service (MABS), working in close co-operation with the Legal Aid Board, the Insolvency Service of Ireland and the Citizens Information Board.

The legal advice and assistance which is to be provided to a borrower by a consultation solicitor under Abhaile is specific advice to that individual, to explain their legal situation, and to identify and address any legal difficulties which might impede his or her best option for resolving their home mortgage arrears.

Before advising a borrower under Abhaile, the consultation solicitor is to be provided in advance with the full detailed written analysis of the borrower’s individual financial situation (a Prescribed Financial Statement under the Personal Insolvency Acts or a Standard Financial Statement under the Mortgage Arrears Resolution Process, as applicable), and with the detailed written financial advice on the borrower’s best options for resolving their arrears, already prepared for the borrower under Abhaile by their personal insolvency practitioner or other expert financial adviser.

In respect of legal advice, the primary role of the consultation solicitor is to provide independent legal advice on the borrower’s best options for a sustainable resolution of the mortgage arrears on their home. The solicitor may also advise the person on such matters as:

- the borrower’s legal position;

- any related legal complications (for example where a co-borrower is not cooperating in efforts to resolve the mortgage arrears);

- any legal aspects of alternative solutions including those specified in the written advice from the financial adviser; and,

- where the borrower has been issued with, or is on notice of pending issue of, repossession proceedings:

- assessing whether the borrower appears to have a valid legal defence to those proceedings,

- informing the person who does not have a legal defence, but who might benefit from accompaniment to Court, of the Duty Solicitor Service,

- advising and facilitating the person to make an application for civil legal aid to defend the proceedings if they have a good defence capable of meeting the merits criteria under sections 24 and 28 of the Civil Legal Aid Act 1995 and providing to the borrower, in writing, the legal advice given at the consultation(s), and providing a copy of that written advice to the borrower’s financial adviser under Abhaile.

Within this framework, the precise issues upon which the solicitor provides legal advice, and the nature of the advice provided, are, of course, a professional matter for the solicitor concerned having regard to the instructions he or she receives from the borrower.

During the course of a consultation, the solicitor may form a view that the borrower could benefit from the solicitor’s assistance in negotiating terms of settlement to the repossession proceedings (if any are in being). In such circumstances, the solicitor may apply to the Legal Aid Board for an authorisation to conduct negotiations. If granted, the solicitor may continue to provide legal advice and assistance to the borrower.

The number of solicitors available to persons seeking legal advice and the counties in which their principal office is located are set out in the table below. It is important to note that a person may bring a legal advice voucher to any solicitor on the panel irrespective of their county of residence.

The Legal Aid Board recently conducted a further training workshop for prospective members of the Abhaile solicitors panel. On foot of that training, it is my understanding that the Legal Aid Board have received a number of additional applications for membership of the panel which are currently being processed.